A COUPLE found guilty of possessing and using pepper spray have escaped prison.

Though the offence carries a maximum 10-year sentence under the Firearms Act, its use for self-defence and widespread ignorance of the law saw them avoid jail.

Chester Magistrates Court was shown CCTV footage of the moment Neil Marchant, 29, used the noxious gas to fend off an attacker outside the Platinum Lounge in Ellesmere Port at 2.25am on April 29. The unknown victim was seen staggering in the road rubbing his eyes.

Marchant later handed the weapon to girlfriend Sally Arcari, 21, who denied knowing what it was - but even unwitting possession is illegal.

Trouble flared when Arcari, of Dorset Place, Newton, was accidently kicked in the stomach at the nightclub's entrance by a man involved in a brawl with security.

Marchant, of Fenwick Road, Great Sutton, followed the man outside to confront him. After being pushed, he reached into his pocket and squirted the spray in his eyes before walking away.

Arcari and Marchant were traced by police to a Shell service station in Ellesmere Port, where he was arrested.

Prosecuting, Sue Gibson said: 'Arcari asked a shop assistant 'do you think I will get arrested for having hold of this?'

'She asked for a taxi to be called and put it back into her top.'

The assistant alerted police when Arcari left and she was discovered outside Blacon Police Station at 4.20am, when she told officers she had thrown the cannister into nearby bushes.

Marchant was sold the cannister for £8 by a man in a pub after telling him he feared for his safety.

Defending, Paul Abraham said: 'He found himself - as many members of the public would - in a state of blind ignor ance.'

Marchant received a six-month suspended sentence and must complete 200 hours of unpaid work, while Arcari was given 80 hours of unpaid work.